HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
16.6.2012 Official
Journal
of
the
European
Union L
157/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 500/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 June 2012
amending Council Regulation (EC) No 302/2009 concerning a multiannual recovery plan for bluefin
tuna in the eastern Atlantic and Mediterranean
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
Standing Committee on Research and Statistics (SCRS) in
EUROPEAN UNION,
2012 on the identification of spawning grounds and on
the creation of sanctuaries.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 43(2) thereof,
(4)
Recommendation 10-04 is binding on the Union.
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national
(5) In
addition,
certain
provisions
of
Regulation
(EC)
No
parliaments,
302/2009 have become obsolete and should be
deleted. Other provisions should be updated in order to
Having regard to the opinion of the European Economic and
reflect changes in legislation, in particular those resulting
Social Committee (
from the adoption of Council Regulation (EC) No

1 ),
1224/2009 of 20 November 2009 establishing a
Acting in accordance with the ordinary legislative procedure (
Community control system for ensuring compliance

2 ),
with the rules of the common fisheries policy ( 4 ).
Whereas:
(6) In
order
to
provide
for
uniform
conditions
pertaining
to
(1)
The Union is a Party to the International Convention for
the Conservation of Atlantic Tunas (hereinafter ‘the
transfer operations, caging operations and recording and
Convention’).
reporting of tuna trap activities, implementing powers

should be conferred on the Commission. Those powers
should be exercised in accordance with Regulation (EU)
(2) At
its
16th
Special
Meeting
in
2008,
the
International
No 182/2011 of the European Parliament and of the
Commission for the Conservation of Atlantic Tunas
Council of 16 February 2011 laying down the rules
(hereinafter ‘ICCAT’), established by the Convention,
and general principles concerning mechanisms for
adopted Recommendation 08-05 to establish a new
control by Member States of the Commission’s exercise
recovery plan for bluefin tuna in the eastern Atlantic
of implementing powers ( 5 ).
and in the Mediterranean, replacing the previous
recovery plan adopted in 2006. In anticipation of
Recommendation 08-05 becoming effective, Council
Regulation (EC) No 302/2009 was adopted (
(7) The
term
‘Community’
used
in
the
enacting
terms
of

3 ).
Regulation (EC) No 302/2009 should be changed in
order to take into account the entry into force, on
(3)
At its 17th Special Meeting in 2010, ICCAT adopted
1 December 2009, of the Treaty of Lisbon.
Recommendation 10-04 amending the multiannual
recovery plan for bluefin tuna. In order to rebuild the
stock, Recommendation 10-04 provides for a further
reduction of the total allowable catch, for the
(8) Recommendation
10-04
became
effective
on
13
August
strengthening of measures to reduce the fishing
2011. However, all Contracting Parties to the
capacity and for the reinforcement of the control
Convention, including the Union, agreed to apply those
measures, in particular concerning the transfer and the
of its provisions applicable to the observer coverage, in
caging operations, and foresees additional advice by the
the case of the Union to be ensured by the Member
States, from 1 January 2011. Consequently, it is appro
priate for the corresponding provisions of this Regulation
( 1 ) OJ C 24, 28.1.2012, p. 116.
to apply retroactively from 1 January 2011.
( 2 ) Position of the European Parliament of 23 May 2012 (not yet
published in the Official Journal) and decision of the Council of
11 June 2012.
( 4 ) OJ L 343, 22.12.2009, p. 1.
( 3 ) OJ L 96, 15.4.2009, p. 1.
( 5 ) OJ L 55, 28.2.2011, p. 13.

---

L 157/2
EN
Official Journal of the European Union
16.6.2012
(9) Regulation
(EC)
No
302/2009
should
therefore
be
‘(q) “responsible Member State” and “Member State
amended accordingly,
responsible” mean the flag Member State or the
Member State in whose jurisdiction the tuna trap
HAVE ADOPTED THIS REGULATION:
or farm is located or, if the farm or tuna trap is
located on the high seas, the Member State where
Article 1
the tuna trap or farm operator is established;’;
Regulation (EC) No 302/2009 is hereby amended as follows:
(4) Article 4 is amended as follows:
(1) in Article 1, Article 4(13), Article 9(3), (4), (5), (8), (9) and
(10), Article 11(1), Article 14(4), Article 15(3),
(a) paragraph 4 is replaced by the following:
Article 18(2), Article 21(1) and (4), Article 23(6),
Article 29(1), (3), (4) and (5), Article 31(4) and
‘4. No
later
than
30
September
each
year,
Member
Article 34(2) and (3), the noun ‘Community’, or the
States shall transmit to the Commission the
corresponding adjective, is replaced by the noun ‘Union’,
provisional annual fishing plan relating to the
or the corresponding adjective, and any grammatical
following year. The Commission shall compile the
adjustments needed as a consequence of this replacement
provisional annual national fishing plans and
shall be made;
integrate them into the Union fishing plan that is to
be transmitted to the ICCAT Secretariat for
(2) in Article 1, the third paragraph is replaced by the
endorsement by ICCAT.
following:
No later than 31 January each year, Member States
‘The objective of the recovery plan that is in force from
shall transmit the final annual fishing plan to the
2007 to the end of 2022 shall be to achieve a biomass
Commission. The Commission shall compile the final
corresponding to the maximum sustainable yield with at
annual national fishing plans and integrate them into
least 60 % probability.’;
the Union fishing plan that is to be transmitted to the
ICCAT Secretariat by 1 March of each year.’;
(3) Article
2
is
amended
as
follows:
(b) paragraphs 12 and 14 are deleted;
(a) point (d) is replaced by the following:
‘(d) “auxiliary vessel” means any vessel used to
(5) Article 5 is amended as follows:
transport dead bluefin tuna (not processed) from
a cage or a tuna trap to a designated port or to a
(a) paragraph 7 is replaced by the following:
processing vessel;’;
‘7. Without
prejudice
to
paragraph
6,
the
fishing
(b) point (h) is replaced by the following:
capacity referred to in paragraphs 2 and 4 and
Article 9 shall be reduced, so as to eliminate:
‘(h) “transfer operations” means:
(a) by the beginning of 2010, for each Member State,
(i) any transfer of live bluefin tuna from the
at least 25 % of the discrepancy between its fishing
catching vessel’s net to the transport cage;
capacity and its fishing capacity commensurate
with its quota;
(ii) any transfer of live bluefin tuna from the
transport cage to another transport cage;
(b) by the beginning of 2011, for each Member State,
at least 75 % of the discrepancy between its fishing
(iii) any transfer of a cage with bluefin tuna from
capacity and its fishing capacity commensurate
a towing vessel to another towing vessel;
with its quota;
(iv) any transfer of dead bluefin tuna from the
(c) by the beginning of 2012, for each Member State,
transport cage to an auxiliary vessel;
at least 95 % of the discrepancy between its fishing
capacity and its fishing capacity commensurate
(v) any transfer from a bluefin tuna farm or a
with its quota;
tuna trap to a processing vessel or to a
transport vessel, or any transfer of a cage
containing bluefin tuna from one farm to
(d) by the beginning of 2013, for each Member State,
another;
100 % of the discrepancy between its fishing
capacity and its fishing capacity commensurate
(vi) any transfer of live bluefin tuna from a tuna
with its quota.
trap to a transport cage.’;
The calculation of the fishing capacity reduction shall
(c) point (l) is replaced by the following:
be based on the catch rates for categories of vessels in
accordance with the methodology approved at the
‘(l) “farming” means the caging of bluefin tuna for a
2009 ICCAT annual meeting.
period longer than six months, with the aim of
increasing the biomass;’;
This reduction requirement shall not apply to a
Member State which demonstrates that its fishing
(d) the following point is added:
capacity is commensurate with its quota.’;

---

EN
16.6.2012 Official
Journal
of
the
European
Union L
157/3
(b) paragraph 9 is replaced by the following:
(10) Article 22 is replaced by the following:
‘9. Each
Member
State
shall
establish
a
management
‘Article 22
plan in respect of fishing capacity for 2010-2013. That
plan shall be submitted to the Commission by
Transfer operations
15 August 2009, and shall include the information
referred to in paragraphs 2, 4, 6 and 7. Furthermore,
1. Before
any
transfer
operation,
the
master
of
a
the plan shall include detailed information concerning
catching or towing vessel or the operator of the farm or
the ways used, in addition to scrapping, by the
tuna trap where the transfer in question originates shall
Member State in order to eliminate overcapacity. If
send to the competent authorities of the respective
necessary, the plan shall be revised and submitted on
responsible Member State a prior notification of transfer
an annual basis to the Commission by 15 August of
indicating:
each year.
(a) the name of the catching vessel, farm or tuna trap and
The Commission shall compile the national
the ICCAT register number;
management plans and integrate them into the
Union management plan of fishing capacity that is
(b) the estimated time of transfer;
to be submitted to ICCAT for discussion and appro
val.’;
(c) the estimate of the quantity of bluefin tuna to be
transferred;
(6) Article
7
is
amended
as
follows:
(a) paragraph 2 is replaced by the following:
(d) information on the position (latitude/longitude) where
the transfer will take place as well as the identifiable
‘2. Purse
seine
fishing
for
bluefin
tuna
shall
be
cage numbers;
prohibited in the eastern Atlantic and Mediterranean
during the period from 15 June to 15 May.’;
(e) the name of the receiving towing vessel, the number of
cages towed and, where appropriate, the ICCAT
(b) paragraph 6 is deleted;
register number;
(7) in Article 14, paragraph 2 is replaced by the following:
(f) the port, farm or cage of destination of the bluefin
tuna.
‘2. No retroactive submissions shall be accepted.
Subsequent changes to the lists referred to in paragraph
2. The
authorities
of
the
responsible
Member
State
shall
1 during a calendar year shall only be accepted if the
decide for each transfer operation whether to grant auth
notified fishing vessel is prevented from participating due
orisation. For this purpose, a unique identification number
to legitimate operational reasons or force majeure. In such
shall, for each transfer operation, be assigned and
circumstances the Member State concerned shall
communicated to the master of the fishing vessel, the
immediately inform the Commission of that fact, and
tuna trap operator or the farm operator, as appropriate.
shall provide:
Where authorisation is granted, that number shall
comprise the three-letter CPC code, the four numbers indi
(a) full details of the fishing vessel(s) intended to replace a
cating the year, and the three letters “AUT”, (authorisation),
vessel referred to in paragraph 1; and
followed by sequential numbers. Where authorisation is
refused, the number shall comprise the three letters of
(b) a comprehensive account of the reasons justifying the
the CPCs code, the four numbers indicating the year,
replacement and any relevant supporting evidence or
and the three letters “NEG” (non-authorisation), followed
references.’;
by sequential numbers. Transfer operations shall not begin
without a prior authorisation.
(8) in Article 18, paragraph 1 is replaced by the following:
‘1. In
addition
to
complying
with
Articles
14,
15,
23
The transfer shall be authorised or not authorised by the
and 24 of Council Regulation (EC) No 1224/2009 of
Member State responsible for the catching vessel, towing
20 November 2009 establishing a Community control
vessel, farm or tuna trap, as appropriate, within 48 hours
system for ensuring compliance with the rules of the
following the submission of the prior notification of
common fisheries policy
(*), the master of an EU
transfer. The Member State shall not authorise the
catching vessel shall, if applicable, enter in the logbook
transfer if, on receipt of the prior notification of transfer,
the information listed in Annex II to this Regulation.
it considers that:
___________
(a) the catching vessel or the tuna trap that is declared to
(*) OJ L 343, 22.12.2009, p. 1.’;
have caught the fish does not have sufficient quota;
(b) the quantity of fish has not been duly reported by the
(9) in
Article
19(1),
the
following
subparagraph
is
added:
catching vessel or the tuna trap operator or has not
been authorised to be caged, and has not been taken
‘Joint fishing operations with other CPCs shall not be
into account for the consumption of the quota that
permitted.’;
may be applicable;

---

L 157/4
EN
Official Journal of the European Union
16.6.2012
(c) the catching vessel that is declared to have caught the
6. The
authorisation
for
transfer
by
the
responsible
fish is not authorised to fish for bluefin tuna; or
Member State shall not prejudge the authorisation of the
caging operation.
(d) the towing vessel declared to be the one to receive the
transfer of fish is not registered in the ICCAT record of
7. The
master
of
the
catching
vessel,
farm
operator
or
all other fishing vessels (catching vessels excluded)
tuna trap operator that transfers bluefin tuna shall ensure
authorised to operate for bluefin tuna, referred to in
that the transfer operations are monitored by video camera
Article 14(3), or is not equipped with a Vessel Moni
in the water.
toring System (VMS).
3. If the transfer is not authorised:
Two copies of each video record of the transfers shall be
produced. One copy shall be transmitted to the regional
observer and one to the CPC or national observer, as
(a) the Member State responsible for the catching vessel
appropriate, on board the towing vessel. The copy that
shall issue a release order and inform the master of the
is transmitted to the CPC or national observer shall
catching vessel that the transfer is not authorised and
accompany the transfer declaration and the associated
that the fish have to be released into the sea;
catches to which it relates. The ICCAT transfer declaration
number shall be displayed at the beginning or at the end
of each video record, which shall continuously display the
(b) the master of the catching vessel, the farm operator or
time and date. The Member States shall provide copies of
the tuna trap operator, as appropriate, shall release the
video records to the ICCAT Scientific Committee at the
fish into the sea;
request of the Commission.
(c) the release of bluefin tuna into the sea shall be
8. The
ICCAT
regional
observer
on
board
the
catching
recorded by video camera and observed by an
vessel, as referred to in the ICCAT Regional Observer
ICCAT regional observer who shall draft and submit
Programme set out in Annex VII, shall record and report
a report together with the video recording to the
on the transfer operations carried out, verify the position
ICCAT Secretariat.
of the catching vessel when it is engaged in transfer oper
ations, observe and estimate catches transferred and verify
entries made in the prior transfer authorisation referred to
4. The master of a catching or towing vessel, the tuna
in paragraph 2 and in the ICCAT transfer declaration
trap operator or the farm operator shall, at the end of the
referred to in paragraph 4.
transfer operation, complete and transmit to the
competent authorities of the responsible Member State
the ICCAT transfer declaration, in accordance with the
Where the estimation of catch by the regional observer is
format set out in Annex VIIIa.
at least 10 % higher by number and/or average weight
than declared by the master of the catching vessel, the
Member State responsible for the catching vessel shall
Transfer declaration forms shall be numbered by the
initiate an investigation which shall be concluded prior
competent authorities of the Member State responsible
to the time of caging at the farm. Pending the results of
for the vessel, farm or tuna trap where this transfer orig
this investigation, caging shall not be authorised and the
inates. The numbering system shall include the three-letter
catch section of the bluefin tuna catch document shall not
CPC code, followed by the four numbers indicating the
be validated.
year and three sequential numbers followed by the three
letters “ITD” (CPC-20**/xxx/ITD).
9. The
ICCAT
regional
observers
shall
sign
the
ICCAT
The original transfer declaration shall accompany the
transfer declaration and clearly write their name and their
transfer of the fish. A copy of the declaration shall be
ICCAT number. They shall verify that the ICCAT transfer
kept by the master of the catching vessel, the tuna trap
declaration has been correctly filled in and duly trans
operator, the master of the towing vessel or the farm
mitted to the master of the towing vessel.
operator.
The tuna trap operator shall complete and send the ICCAT
5. Masters
of
vessels
carrying
out
transfer
operations
transfer declaration to the competent authorities of its
(including towing vessels), shall record daily in their
Member State at the end of the transfer to the fishing
logbook both the weight and number of fish transferred,
vessel, in accordance with the format set out in Annex IV.
as well as the name, flag and ICCAT register number of
the catching vessel, the name and ICCAT register number
of any other vessels involved, the date and position of the
10. The
Commission
may
adopt
implementing
acts
transfer and the farm of destination. The logbook shall
laying down detailed rules pertaining to transfer operations
contain the details of all transfers carried out during the
under paragraphs 2 and 7 of this Article. Those imple
fishing season. It shall be kept on board and shall be
menting acts shall be adopted in accordance with the
accessible at any time for control purposes.
examination procedure referred to in Article 38a.’;

---

EN
16.6.2012 Official
Journal
of
the
European
Union L
157/5
(11) Article 24 is replaced by the following:
appropriate, within 48 hours following the submission of
the information referred to in paragraph 2. If the caging is
‘Article 24
not authorised, the Member State or CPC responsible for
the catching vessel shall issue a release order to the
Caging operations
Member State or CPC responsible for the towing vessel
and/or to the Member State or CPC responsible for the
1. Within one week of the completion of the caging
farm, as appropriate, in accordance with Article 22(3).
operation, the Member State responsible for the farm shall
submit to the Member State or CPC whose flag vessels
have fished the tuna, and to the Commission, a caging
report that has been validated by an observer. The
7. The
Member
State
responsible
for
the
farm
shall
Commission shall promptly forward that information to
ensure that caging operations are monitored by video
the ICCAT Secretariat. The report shall contain the
camera in the water.
information included in the caging declaration as set out
in the ICCAT Recommendation 06-07 on bluefin tuna
farming.
One video record shall be produced for each caging oper
ation. The ICCAT transfer declaration number shall be
2. Before
any
caging
operation,
the
competent
authority
displayed at the beginning or at the end of each video
of the Member State responsible for the farm shall inform
record, which shall continuously display the time and
the responsible Member State or the flag CPC of the
the date.
catching vessel of the caging of quantities caught by
catching vessels flying its flag.
8. Where
there
is
a
difference
of
more
than
10
%,
by
3. The
Member
State
responsible
for
the
catching
vessel
average weight or by number, between the estimate by the
shall request the Member State or CPC responsible for the
regional observer and the farm operator, the Member State
farm to seize the catches and release the fish into the sea
responsible for the farm shall, in cooperation with the flag
in accordance with the procedure set out in Article 22(3),
State of the catching vessel, initiate an investigation.
if it considers, on receipt of the information referred to in
Pending the results of this investigation, harvesting shall
paragraph 2, that:
not take place and the farming section of the bluefin tuna
catch document shall not be validated.
(a) the catching vessel that is declared to have caught the
fish did not have sufficient quota for the bluefin tuna
that were put into the cage;
If the investigation is not concluded within 10 working
days or if the outcome of the investigation indicates that
the number or the average weight of bluefin tuna is more
(b) the quantity of fish has not been duly reported by the
than 10 % higher than that declared by the farm operator,
catching vessel and has not been taken into account
the flag CPC or Member State responsible for the catching
for the calculation of the quota applicable;
vessel shall issue a release order in respect of the number
or weight in excess.
(c) the catching vessel that is declared to have caught the
fish is not authorised to fish for bluefin tuna.
The Member State responsible for the farm shall ensure
4. The caging operation shall not begin without the
that the farm operator complies with the release order
prior authorisation of the flag CPC or Member State
within 48 hours following the arrival of a regional
responsible for the catching vessel.
observer. The release shall be carried out in accordance
with Article 22(3).
Bluefin tuna shall be caged before 31 July unless the
Member State or CPC responsible for the farm receiving
the fish provides valid reasons, including force majeure.
If the final estimation at the time of caging in the farm is
Such reasons shall be submitted with the caging report.
greater than the final estimation at the time of first transfer
from the catching vessel, the Member State or CPC
responsible for the catching vessel shall decide on the
5. The
Member
State
responsible
for
the
farm
shall
take
final quota uptake to be validated in the bluefin tuna
the necessary measures to prohibit any placing in cages for
catch document(s) concerned.
the purpose of farming or fattening bluefin tuna that is
not accompanied by the documentation required by
ICCAT, including that required by this Regulation and by
9. Member
States
shall
initiate
pilot
studies
on
how
to
Regulation (EU) No 640/2010 of the European Parliament
better estimate both the number and weight of bluefin
and of the Council of 7 July 2010 establishing a catch
tuna at the point of capture and caging, including
documentation programme for bluefin tuna Thunnus
through the use of stereoscopical systems, and shall
thynnus (*). Such documentation must be accurate and
report the results thereof to the ICCAT Scientific
complete and have been validated.
Committee. A sampling programme and/or an alternative
programme shall be established at the time of caging in
6. The
caging
shall
be
authorised
or
not
authorised
by
order to improve the counting of the caged fish and the
the responsible Member State or responsible CPC, as
estimations of their weight.

---

L 157/6
EN
Official Journal of the European Union
16.6.2012
10. The
Commission
may
adopt
implementing
acts
‘If, at any time, more than 15 fishing vessels of a Member
laying down detailed rules pertaining to the caging oper
State are engaged in bluefin tuna fishing activities in the
ations under paragraphs 6, 7, 8 and 9 of this Article.
Convention area, that Member State shall deploy an
Those implementing acts shall be adopted in accordance
inspection vessel for the purposes of inspection and
with the examination procedure referred to in Article 38a.
control at sea in the Convention area throughout the
period that those vessels are there. This obligation shall
be deemed to have been complied with where Member
___________
States cooperate to deploy an inspection vessel or where
(*) OJ L 194, 24.7.2010, p. 1.’;
an EU inspection vessel is deployed in the Convention
area.’;
(12) in Article 25(1), the following subparagraphs are added:
(15) in Article 30, paragraph 1 is replaced by the following:
‘Fishing vessels that are included in the ICCAT record of
‘1. In
respect
of
vessels
active
in
the
bluefin
tuna
catching vessels authorised to fish actively for bluefin tuna,
fishery, each Member State shall ensure at least the
referred to in Article 14(3), shall begin to transmit VMS
following percentage levels of national observer coverage:
data to ICCAT at least 15 days before the opening of the
fishing season and shall continue to transmit that data for
(a) 100 % of its active purse seine catching vessels equal
at least 15 days after the closure of the fishing season
to or less than 24 m in 2011;
unless a request is sent in advance to the Commission
for the vessel to be removed from the ICCAT record of
(b) 100 % of its active purse seine catching vessels equal
vessels.
to or less than 20 m in 2012;
For control purposes, the transmission of VMS data from
(c) 20 % of its active pelagic trawlers (over 15 m);
catching vessels that are authorised to fish actively for
bluefin tuna shall not be interrupted when vessels are in
(d) 20 % of its active longline catching vessels (over
port unless a system of hailing in and out of port is in
15 m);
operation.
(e) 20 % of its active baitboats (over 15 m);
Fishing vessels that are included in the ICCAT record of all
other fishing vessels (catching vessels excluded) authorised
(f) 100 % of its tuna traps during the harvesting process;
to operate for bluefin tuna, referred to in Article 14(3),
shall transmit VMS data to ICCAT throughout the whole
period of authorisation.’;
(g) 100 % of its towing vessels.’;
(16) Article 31 is amended as follows:
(13) Article 26 is replaced by the following:
(a) paragraph 1 is replaced by the following:
‘Article 26
Recording and reporting of tuna trap activities
‘1. Each
Member
State
shall
ensure
that
an
ICCAT
regional observer is present on:
1. Within 48 hours of the end of every fishing
operation using tuna traps, catches shall be recorded and
(a) all purse seine vessels over 24 m during the entire
the data transmitted, by electronic or other means, to the
2011 fishing season;
competent authority of the Member State responsible for
the tuna trap concerned. This record shall include details
of the estimated quantities remaining in the tuna trap.
(b) all purse seine vessels over 20 m during the entire
2012 fishing season;
2. Each
Member
State
shall,
upon
receipt
of
the
record
(c) all purse seine vessels, irrespective of their length,
referred to in paragraph 1, forward it by electronic means
during the entire fishing season, from 2013
to the Commission. In turn, the Commission shall
onward.
promptly forward the information to the ICCAT Secre
tariat.
Purse seine vessels referred to in (a), (b) and (c) without
an ICCAT regional observer shall not be authorised to
3. The
Commission
may
adopt
implementing
acts
fish or to operate in the bluefin tuna fishery.’;
laying down detailed rules pertaining to the recording
and reporting of tuna trap activities under paragraph 1
(b) in paragraph 2, the following subparagraph is added:
of this Article. Those implementing acts shall be adopted
in accordance with the examination procedure referred to
in Article 38a.’;
‘If bluefin tuna is harvested from the cage and traded
as fresh products, the ICCAT regional observer that
observes the harvest may be a national of the
(14) in Article 29(2), the following subparagraph is added:
Member State responsible for the farm.’;

---

EN
16.6.2012 Official
Journal
of
the
European
Union L
157/7
(17) Article 32 is replaced by the following:
‘2. In the case of any boarding and inspection of a
fishing vessel during which the authorised
‘Article 32
inspectors observe an activity or condition that
would constitute a serious violation, as defined in
Access to video records
paragraph 1, the authorities of the flag State of the
1. Each
Member
State
shall
ensure
that
the
video
inspection vessels shall immediately notify the flag
records referred to in Article 22(7) and Article 24(7) are
State of the fishing vessel, directly as well as
made available to the ICCAT inspectors and observers.
through the ICCAT Secretariat. In such situations
the inspectors shall, where possible, also inform
the competent authorities of the flag State of the
2. Each
Member
State
responsible
for
a
farm
shall
fishing vessel, as notified to the ICCAT Secretariat,
ensure that the video records referred to in Article 22(7)
and any inspection ship of the flag State of the
and Article 24(7) are made available to Union inspectors
fishing vessel known to be in the vicinity.
and observers.
3. Each
Member
State
shall
take
the
necessary
measures
ICCAT inspectors shall register the inspections
to avoid any replacement, editing or manipulation of the
undertaken and any infringements detected in the
original video record.’;
fishing vessel’s logbook.’;
(18) the following Article is inserted:
(c) in the first subparagraph of paragraph 3 the word
‘immediately’ is replaced by ‘within 72 hours’;
‘Article 33a
Transmission of inspection plans
(d) paragraph 7 is replaced by the following:
No later than 30 September each year, Member States shall
transmit to the Commission their inspection plan for the
following year. The Commission shall compile the national
‘7. Subject to the arrangements agreed under
inspection plans and integrate them into the Union
paragraph 12 of this Annex, a vessel employed
inspection plan that is to be transmitted to the ICCAT
for the time being in fishing for tuna or tuna-
Secretariat for endorsement by ICCAT.’;
like fishes in the Convention area outside the
waters within its national jurisdiction shall stop
when given the appropriate signal in the Inter
(19) in Article 34, paragraph 1 is replaced by the following:
national Code of Signals by a ship carrying an
inspector unless it is actually carrying out fishing
‘1. Union trade, landing, imports, exports, placing in
operations, in which case it shall stop immediately
cages for fattening or farming, re-exports and trans
that it has finished such operations. The master of
hipments of eastern Atlantic and Mediterranean bluefin
the vessel shall permit the inspector, who may be
tuna that are not accompanied by accurate, complete
accompanied by a witness, to board it and, in this
and validated documentation required by this Regulation
respect, shall provide a boarding ladder. The master
and by Regulation (EU) No 640/2010 shall be prohibited’;
shall enable the inspector to make such exam
ination of catch or gear and any relevant
(20) the following Article is inserted:
documents as the inspector deems necessary to
verify the observance of the ICCAT Commission’s
‘Article 38a
recommendations in force in relation to the flag
State of the vessel concerned and the inspector
Committee procedure
may ask for any explanations that are deemed
1. The
Commission
shall
be
assisted
by
the
Committee
necessary.
for Fisheries and Aquaculture established by Article 30(1)
of Regulation (EC) No 2371/2002. That Committee shall
An inspector party shall consist of a maximum of
be a committee within the meaning of Regulation (EU) No
two ICCAT inspectors unless additional inspectors
182/2011.
are warranted by circumstances. An assistant may
accompany the inspector party for trainee
2. Where
reference
is
made
to
this
paragraph,
Article
5
purposes only.’;
of Regulation (EU) No 182/2011 shall apply.’;
(21) Annex III is replaced by the text in Annex I to this Regu
(23) in Annex VII, paragraph 1 is deleted;
lation;
(24) the text in Annex II to this Regulation is inserted as Annex
(22) Annex VI is amended as follows:
VIIIa.
(a) in paragraph 1, the following point is added:
Article 2
‘(q) transhipment at sea.’;
This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
(b) paragraph 2 is replaced by the following:
European Union.

---

L 157/8
EN
Official Journal of the European Union
16.6.2012
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 13 June 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
N. WAMMEN

---

EN
16.6.2012 Official
Journal
of
the
European
Union L
157/9

ANNEX I
‘ANNEX III

---

L 157/10
EN
Official Journal of the European Union
16.6.2012

---

EN
16.6.2012 Official
Journal
of
the
European
Union L
157/11

ANNEX II
‘
ANNEX VIIIa

---

L 157/12
EN
Official Journal of the European Union
16.6.2012

---

Document Outline

• �

---